The opinion of the court was delivered by: GEORGE W. LINDBERG
Plaintiff, Dwayne Craft ("Craft"), commenced this civil rights action against defendant, Pace South Division ("Pace"), improperly sued as Pace of South Holland. Plaintiff contends that Transit Management of Harvey, Inc. ("TMOH"), the predecessor of Pace, violated his Fourth and Fourteenth Amendment rights against unreasonable search and seizure and his right to privacy under Article I, Section 6 of the Illinois Constitution, when its managerial agents ordered him to provide blood and urine samples for drug and alcohol testing. Plaintiff was subsequently discharged when his urine sample tested positive for marijuana use. Plaintiff seeks an injunction directing defendant to reinstate him with no loss of benefits and seniority and an award of back pay from April 13, 1984, the date plaintiff was discharged.
South Suburban Safeway Lines, Inc. ("South Suburban") owned and operated a private mass transit system in Harvey, Illinois. On or about September 9, 1983, the Regional Transportation Authority ("RTA") became the owner of South Suburban. The RTA entered into a management services agreement with a private management firm, ATE Management and Service Company, Inc. ("ATE"). Pursuant to the agreement, ATE established a wholly-owned subsidiary, Transit Management of Harvey ("TMOH",) which managed the mass transit system and hired all transit employees. TMOH managed and operated the transit system until May 31, 1985, when management was undertaken by Pace of South Holland.
As of January 1, 1976, plaintiff was employed as a serviceman by South Suburban and subsequently TMOH. As a serviceman, plaintiff cleaned and fueled buses, put air in tires and went out on service calls when buses broke down. Plaintiff drove and parked buses within the transit system property. Plaintiff never drove buses containing fare-paying passengers.
In early April 1984, TMOH received an anonymous tip that employees were using drugs and alcohol on TMOH property during the night shift. Michael Perry ("Perry"), the general manager of TMOH, did surveillance of the night shift but determined that this was not an effective means to gather information. Perry then contacted Pat Jordan ("Jordan") of the Diamond Detective Agency to investigate the use of drugs and alcohol on the premises during the night shift.
On April 12, 1984, Jordan allegedly observed plaintiff and three other TMOH employees smoking marijuana on the premises. Jordan also allegedly saw plaintiff drinking alcohol and making various unspecified "transactions." Jordan telephoned Perry at around 9:00 p.m. that evening and informed him of the events he had witnessed. Perry then contacted three TMOH supervisors who met him at the bus barn at around 10:00 p.m. Plaintiff was in the bus barn with several other employees when Michael Perry, TMOH's general manager, burst into the barn with one uniformed Village of Harvey police officer and several officers of the Diamond Security Agency. The police officer searched each employee but no alcohol or drugs were discovered. Perry accused several employees of using and/or selling drugs on TMOH's premises
and ordered that they be transported to a medical center in Olympia Fields for drug and alcohol testing. At the medical center, plaintiff signed a general form for consent to treatment at the hospital. Plaintiff provided a urine sample but refused to submit to a blood test, claiming it was against his religion. All tested employees were suspended pending the results of their tests.
The following day, Perry was informed that plaintiff had tested borderline positive for marijuana use. A second set of tests confirmed the result. Plaintiff did not test positive for alcohol, however, and two of the four men reportedly seen smoking marijuana did not test positive for marijuana.
On April 25, 1984, plaintiff received written notice of his termination. At the time of the incident, Rule 12(a) of TMOH's General Rule Book provided:
The following acts are not permissible:
(a) Use or possession of intoxicating liquors or narcotics of any kind from the time an employee reports for work until the conclusion of the employee's workday, or reporting for work in an impaired condition due to use of same. Use of illegal drugs is forbidden.
TMOH's drug testing policy was outlined in Rule 8 of the General Rule Book: